2. The applicant requests that his reentry eligibility (RE) code on his 1976 discharge be changed. He states that he was absent without leave (AWOL) for 2 days and does not deserve an RE-4 (not eligible for reenlistment) code.
3. The applicant was born on 20 October 1953 and enlisted in the Regular Army for 3 years on 17 May 1973. He served for 3 years and was honorably discharged on 18 May 1976. He had two days of lost time due to AWOL.
4. The applicants DD Form 214, Report of Separation from Active Duty, correctly reflects the honorable character of his service and the authority and reason for separation. It also correctly reflects 2 days of lost time. Block 10 shows an RE code of RE-4, not eligible to reenlist.
5. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200. RE-3B indicates that a person had lost time during his last enlistment.
CONCLUSIONS:
1. The applicant served honorably for 3 years and received an honorable discharge. His DD Form 214 correctly reflects his honorable service and the authority and reason for his separation. However, his DD Form 214 incorrectly reflects that the applicant has an RE-4 code, ineligible for reenlistment.
2. Pertinent Army regulations state that individuals who had lost time during an enlistment shall be given an RE code of RE-3b, not eligible for reenlistment without a waiver (due to lost time).
3. In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicants records as indicated below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by removing the code of RE-4 from the records of the individual concerned and assigning him a code of RE-3b.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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